Case: Monserrate v. Board of Elections in the City of New York

1:21-cv-03830 | U.S. District Court for the Southern District of New York

Filed Date: April 29, 2021

Closed Date: Aug. 26, 2021

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Case Summary

The New York City Council passed, and Mayor Bill de Blasio signed, Local Law No. 15 (the “Law”).  The Law barred citizens previously convicted of corruption-related felonies from holding certain offices, like Mayor or Council Member.  Plaintiff Hiram Monserrate challenged the Law in April 2021, but he voluntarily dismissed his claim later that year.  The Law remains in effect. Plaintiff served in a variety of local- and state-level public official rules since 2000.  In 2012, he pled guilty to m…

The New York City Council passed, and Mayor Bill de Blasio signed, Local Law No. 15 (the “Law”).  The Law barred citizens previously convicted of corruption-related felonies from holding certain offices, like Mayor or Council Member.  Plaintiff Hiram Monserrate challenged the Law in April 2021, but he voluntarily dismissed his claim later that year.  The Law remains in effect.

Plaintiff served in a variety of local- and state-level public official rules since 2000.  In 2012, he pled guilty to mail fraud and conspiracy to commit fraud, serving seventeen months in prison.  After release, Plaintiff ran for office several times, winning election as Democratic Leader of the 35th Assembly District in Queens.  Around February 2021, Plaintiff filed to run for City Councilmember in the 21st District in Queens County.

Councilmember Francisco Moya, whom Plaintiff was challenging in his reelection race, re-introduced the Law after three years of dormancy.  The City enacted the law soon after.  The New York City Campaign Finance Board declared Plaintiff ineligible under the Law and therefore ineligible to receive matching funds. 

Plaintiff sued Defendants, arguing that the Law violates his due process and equal protection rights under the Fourteenth Amendment, and his and his supporters’ rights under the First Amendment.  Defendants argued that the doctrine of laches barred Plaintiff’s claims, that Plaintiff would not have qualified for matching funds anyway because his initial filings were deficient, and that he had no claim anyway because he had not yet qualified to be on the ballot when the Law was passed.  

The Southern District of New York denied Plaintiff’s motion for a temporary restraining order.  In response, Plaintiff voluntarily dismissed his claim in August 2021. 

The Law remains in effect (as part of NYC Charter Chapter 50-A, Section 1139).

Summary Authors

Bradley Smutek (12/30/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59867889/parties/monserrate-v-board-of-elections-in-the-city-of-new-york/


Judge(s)

Liman, Lewis Jeffrey (New York)

Attorney for Plaintiff

Avallone, Rocco G. (New York)

Cruz, Angel (New York)

Attorney for Defendant

Kitzinger, Stephen Edward (New York)

Expert/Monitor/Master/Other

Green, Remy (New York)

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Documents in the Clearinghouse

Document
4

1:21-cv-03830

Plaintiff's Memorandum of Law in Support of Temporary Restraining Order

Monserrate v. Board of Elections in City of New York

April 29, 2021

April 29, 2021

Pleading / Motion / Brief
1

1:21-cv-03830

Order to Show Cause for Emergency Relief

Monserrate v. Board of Elections in City of New York

April 29, 2021

April 29, 2021

Order/Opinion
2

1:21-cv-03830

Complaint

Monserrate v. Board of Elections in City of New York

April 29, 2021

April 29, 2021

Complaint
6

1:21-cv-03830

Order

Monserrate v. Board of Elections in City of New York

May 2, 2021

May 2, 2021

Order/Opinion
10

1:21-cv-03830

New York City Campaign Finance Board, Board of Elections in the City of New York, and the City of New York's Memorandum of Law in Opposition to the Motion for a Preliminary Injunction

Monserrate v. Board of Elections in City of New York

May 4, 2021

May 4, 2021

Pleading / Motion / Brief
12

1:21-cv-03830

Order

Monserrate v. Board of Elections in City of New York

July 6, 2021

July 6, 2021

Order/Opinion
18

1:21-cv-03830

Notice of Filing of Official Transcript

Monserrate v. Board of Elections in City of New York

March 6, 2023

March 6, 2023

Transcript

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59867889/monserrate-v-board-of-elections-in-the-city-of-new-york/

Last updated Jan. 12, 2026, 10:13 a.m.

ECF Number Description Date Link Date / Link
1

EMERGENCY MOTION for Temporary Restraining Order by Order To Show Cause. Document filed by Hiram Monserrate. (Attachments: # 1 Affidavit Affidavit of Hiram Monserrate).(Avallone, Rocco) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) (Entered: 04/29/2021)

1 Affidavit Affidavit of Hiram Monserrate

View on RECAP

April 29, 2021

April 29, 2021

Clearinghouse
2

COMPLAINT against Board of Election in the City of New York, City of New York, Commissioners of the Board of Elections in the City of New York, New York City Campaign Finance Board. (Filing Fee $ 402.00, Receipt Number ANYSDC-24473719)Document filed by Hiram Monserrate..(Avallone, Rocco) (Entered: 04/29/2021)

April 29, 2021

April 29, 2021

Clearinghouse
3

CIVIL COVER SHEET filed..(Avallone, Rocco) (Entered: 04/29/2021)

April 29, 2021

April 29, 2021

4

EMERGENCY MEMORANDUM OF LAW in Support re: 1 EMERGENCY MOTION for Temporary Restraining Order by Order To Show Cause. . Document filed by Hiram Monserrate..(Avallone, Rocco) (Entered: 04/29/2021)

April 29, 2021

April 29, 2021

Clearinghouse
5

STATEMENT OF RELATEDNESS re: that this action be filed as related to 21-cv-03069 (LJL). Document filed by Hiram Monserrate..(Avallone, Rocco) (Entered: 04/30/2021)

April 30, 2021

April 30, 2021

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Rocco G Avallone. The party information for the following party/parties has been modified: Board of Election in the City of New York. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (pc)

April 30, 2021

April 30, 2021

***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Rocco G Avallone. The following case opening statistical information was erroneously selected/entered: County code New York; Fee Status code due (due);. The following correction(s) have been made to your case entry: the County code has been modified to Nassau; the Fee Status code has been modified to pd (paid);. (pc)

April 30, 2021

April 30, 2021

***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE RELATED CASE STATEMENT. Notice to Attorney Rocco G Avallone, for non compliance with Local Rule 13 of the Division of Business Among Judges. Attorney must electronically file the Related Case Statement. Use the event type Statement of Relatedness found under the event list Other Documents. (pc)

April 30, 2021

April 30, 2021

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(pc)

April 30, 2021

April 30, 2021

Case Designated ECF. (pc)

April 30, 2021

April 30, 2021

CASE REFERRED TO Judge Lewis J. Liman as possibly related to 21cv3069. (pc)

April 30, 2021

April 30, 2021

CASE ACCEPTED AS RELATED. Create association to 1:21-cv-03069-LJL. Notice of Assignment to follow. (aea)

April 30, 2021

April 30, 2021

NOTICE OF CASE REASSIGNMENT to Judge Lewis J. Liman. Judge Unassigned is no longer assigned to the case. (aea)

April 30, 2021

April 30, 2021

Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (aea)

April 30, 2021

April 30, 2021

Notice to Attorney Regarding Party Modification

April 30, 2021

April 30, 2021

Notice to Attorney Regarding Case Opening Statistical Error Correction

April 30, 2021

April 30, 2021

Notice to Attorney to Submit/File Related Case Statement

April 30, 2021

April 30, 2021

Case Opening Initial Assignment Notice

April 30, 2021

April 30, 2021

Notice of Case Assignment/Reassignment

April 30, 2021

April 30, 2021

6

ORDER: ORDERED that the Court will hold a hearing on Plaintiff's motion for a temporary restraining order on Tuesday, May 4, 2021 at 5:00 p.m. by TELEPHONE CONFERNECE. At that date and time the parties are directed to dial the Court's teleconference line at 888-251-2909 (access code: 2123101). IT IS FURTHER ORDERED that the service of this Order, together with a copy all papers filed in this action by Plaintiff, shall be served on Defendants by email to:"servicenyboe2021 064;boe.nyc" and and ServiceECF@law.nyc.gov" on or before May 3, 2021 at 12:00 p.m. Plaintiffs counsel must retain and file the auto-reply confirmation email that will be sent upon receipt by the Defendants as an exhibit to the pr oof of service; and such shall be deemed sufficient service of the instant action and motion. This order was issued on May 2, 2021 but will be posted on ECF on May 3, 2021. So Ordered. (Initial Conference set for 5/4/2021 at 05:00 PM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 5/2/2021) (js)

May 2, 2021

May 2, 2021

Clearinghouse

Set/Reset Hearings: Telephone Conference set for 5/4/2021 at 05:00 PM before Judge Lewis J. Liman. (mf)

May 3, 2021

May 3, 2021

Minute Entry for proceedings held before Judge Lewis J. Liman: Telephone Conference held on 5/4/2021 in re: (dkt. #1) Plaintiff's Motion for a Temporary Restraining Order. Rocco Avallone present by telephone for Plaintiff. Stephen Kitzinger present by telephone for Defendants. Remy Green present by telephone for Intervenor. Court reporter present by telephone. The Court heard argument from Plaintiff and Defendants in regard to Plaintiff's Motion for a Temporary Restraining Order. The Court ruled that plaintiff's application for a temporary restraining order is denied. (mf)

May 4, 2021

May 4, 2021

Telephone Conference

May 7, 2021

May 7, 2021

12

ORDER: At a conference held today, July 6, 2021, Plaintiff's counsel Rocco G. Avallone moved orally to withdraw as counsel. The application is GRANTED. The Clerk of Court is respectfully directed to terminate Plaintiff's counsel. IT IS FURTHER ORDERED that the Court will hold a status conference on August 25, 2021 at 2:00 p.m. by TELEPHONE CONFERENCE. At that date and time the parties are directed to dial the Court's teleconference line at 888-251-2909 (access code: 212310 1). By August 18, 2021, the parties are ORDERED to file a proposed case management plan based on the template available at the Court's website. SO ORDERED. Attorney Rocco G Avallone terminated. ( Telephone Conference set for 8/25/2021 at 02:00 PM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 7/6/2021) (va)

July 6, 2021

July 6, 2021

Clearinghouse

Minute Entry for proceedings held before Judge Lewis J. Liman: Initial Pretrial Conference held on 7/6/2021 by Telephone Conference. Plaintiff Hiram Monserrate present by telephone with counsel Rocco Avallone (present by telephone). Stephen Kitzinger present by telephone for Defendants. (mf)

July 6, 2021

July 6, 2021

Pretrial Conference - Initial

July 7, 2021

July 7, 2021

Minute Entry for proceedings held before Judge Lewis J. Liman: Telephone Conference held on 8/25/2021. Angel Cruz present by telephone for Plaintiff. Stephen Kitzinger present by telephone for Defendants. (mf)

Aug. 25, 2021

Aug. 25, 2021

Telephone Conference

Aug. 26, 2021

Aug. 26, 2021

17

TRANSCRIPT of Proceedings re: CONFERENCE held on 5/4/2021 before Judge Lewis J. Liman. Court Reporter/Transcriber: Lisa Picciano Franko, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/27/2023. Redacted Transcript Deadline set for 4/6/2023. Release of Transcript Restriction set for 6/5/2023..(McGuirk, Kelly)

March 6, 2023

March 6, 2023

18

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/4/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)

March 6, 2023

March 6, 2023

Clearinghouse

Case Details

State / Territory:

New York

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: April 29, 2021

Closing Date: Aug. 26, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Candidate for New York City Council

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

New York City Board of Elections, New York City Board of Elections Commissioners, New York City Campaign Finance Board (New York City), City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process: Procedural Due Process

Equal Protection

Other Dockets:

Southern District of New York 1:21-cv-03830

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

None

Source of Relief:

None

Issues

Voting:

Candidate qualifications

Election administration